13-R-3210_-_Amendment_03.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

This amendment adds Section C.3.17, Information Security Management System (ISMS), and other changes and clarif ications. See attached for details.

Questions and answ ers #1 - 24 are also issued concurrently w ith this amendment.

1. CONTRACT ID CODE PAGE OF PAGES

1 5

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 11-Jan-2013

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N00033-13-R-3210

X 9B. DATED (SEE ITEM 11)

20-Dec-2012

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Jan-2013

CODE

MILITARY SEALIFT COMMAND, N1032/PM3

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

N00033 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00033-13-R-3210

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

OVERVIEW OF CHANGES

NOTE: All references to the “Report of Receipts” have been removed, as this report requested redundant information. It was deleted from paragraph G-3(a) Section J (List of Attachments), and Attachment H.

In Attachment H, Item 3, "Report of Receipts," was deleted and a new version of the attachment has been issued.

In Section C, paragraph 1.1.14.15, Stevedore Damage, has been deleted and replaced with the following:

1.1.14.15 Stevedore Damage. Damage incurred to a ship or its equipment during load or discharge operations caused by the negligence of Government or contractor provided Stevedore

Contractors in performing the Government’s duties of loading and discharging the ship, or in preparation for loading or discharging, shall be repaired at the Government’s expense. The

Contractor shall report this damage on MSCLANT Form 5880/1 to the local MSC

Representative on scene. The Contractor shall inform the parties responsible for the damage as soon as possible, preferably during the same working shift. The Contractor shall forward the Damage Report to the Contracting Officer clearly identifying the cause of the damage and the identities of all personnel involved. When directed by the Contracting Officer, the

Contractor shall provide additional investigative assistance as well as additional assistance in pursuing remedies against the party responsible for the damage. Upon approval, the

Contractor shall take necessary action to correct the stevedore damage and will be reimbursed in accordance with G-8.

A sentence was added to the end of C-1.2.7.2, Oil Spill Response, and the paragraph now reads as follows (new sentence is bold).

1.2.7.2 Oil Spill Response. In the event of an oil spill, contractors shall provide immediate response capability to protect the vessel and crew, stop the outflow of oil and mitigate damage to the environment. Contractors shall activate and engage in contracting with oil spill removal organizations, act as liaison with the Federal On-Scene Coordinator and fund response activities until such time as being relieved of such responsibilities by the Navy On-Scene

Commander (NOSC) who will then assume responsibility for management of the continuing oil spill response. All oil spills shall be immediately reported directly to the National

Response Center, and other parties per OPNAVINST 5090.1 (series) and MSC’s

VRP/SOPEP. Direct and reasonable contractor expenses associated with an oil spill response event will be reimbursed by the Government.

The following text has been added to Section C:

3.17. Information Security Management System (ISMS). The Contractor shall develop and maintain an

Information Security Management System compliant with ISO/IEC 27001 (latest revision) Information technology - Security techniques - Information security management systems - Requirements. The ISMS shall be certified by an accredited organization indicating conformance to this standard. The Contractor shall maintain full and continuous ISMS certification for the entire period of performance of this contract.

The Contractor shall notify the Contracting Officer within 24 hours if for any reason the ISMS certification is revoked. At a minimum, ISMS certification (Interim or otherwise) shall be in place no later than 60 days after delivery of the first ship. Costs associated with certification of the ISMS shall be included in the fixed price per diem.

3.17.1. ISMS Documentation. The Contractor shall provide copies of applications for and receipt of ISMS certification, including copies of the required third party periodic audit reports as detailed in Clause F-5 of the contract. Copies of any renewal certificates shall also be passed to the Contracting Officer and

COR upon receipt from the certifying organization.

3.17.2. Inspection and Test Records. Inspection and test records required by or in support of the ISMS shall, at a minimum, indicate the nature of the observations, number of observations, and the number and type of deficiencies found which shall be made available for Government inspection upon request. Data included in inspection and test records shall be complete and accurate and shall be used to analyze trends and assess corrective action efficacy.

Section C-3.4.2.3, ROS to FOS Transition Fee is removed in its entirety. Section B-1.9 now governs ROS to FOS transition fees.

In Section C, the dates in the following paragraph have been revised:

4.5.1 Monthly Budget Status Reports. On the 20

th day of each month, or the last business day prior to the th day of the month if the 20 th falls on a weekend or holiday, the contractor shall submit an updated

Monthly Budget Report using the Government provided Excel template “LMSR Monthly Budget

Status Report.xlsx”. The contractor shall maintain one worksheet for each ship’s annual reimbursable budget under this contract, as amended via contract funding modifications or funding reallocations within a CLIN. Monthly update submittals shall cover activity from the 21 st of the prior month to the th of the current month (the day the report is due to MSC). The first month of the FY (October) will cover October 1 st to the 20 th . All purchase orders issued (obligations), goods and services delivered or completed (expenses), unbilled expenses (reimbursable expenses not yet submitted to MSC), and approved and funded Separately Funded Items shall be updated in the spreadsheet on a monthly basis.

The format of this report may be revised with Contracting Officer approval.

In Section F-3(e), the word “telegraphic” has been replaced with “electronic,” so the paragraph reads as follows:

(e) The Government shall give the contractor written or electronic notice (or in the event notice is given by telephone, written or electronic confirmation) of exercise of the option specified in subparagraph (a) above.

Such notice shall specify the time at which the period of ROS is to commence, which:

Section F-4(d) has been revised to permit electronic communication, and now reads as follows:

(d) The Government shall give the contractor notice, confirmed in writing or electronically, of exercise of the option specified in subparagraph (a) above. Such notice shall specify the time at which the period of RAV is to commence which time shall not be less than forty-eight (48) hours subsequent to the receipt of such notice by the contractor or its representative. The contractor shall give the Government notice, confirmed in writing or electronically, at least seventy-two (72) hours (Saturdays, Sundays and holidays excluded) prior to the completion of the maintenance and repair type work and readiness of the ship to resume full operational status.

Within twenty-four (24) hours (Saturdays, Sundays and holidays excluded) of receiving confirmation of the contractor's notice, the Government shall confirm the date upon which the RAV period shall terminate.

Nothing herein shall prevent the contractor and the Government from mutually agreeing to the termination of the RAV period and changing operating status to FOS or ROS prior to the time required by these notice provisions.

In Section G-3(a), “/Report of Receipts” has been deleted from the following paragraph, so that it now reads:

(a) Invoices shall be submitted in accordance with the following instructions and in accordance with Attachment H, Invoice Requirements/Report of Expenditures.

In Section G-3(c), “spreadsheet methodology” has been deleted, and the reference to Attachment J was changed to Attachment H.

(c) Invoices for fixed price per diem may be submitted by the contractor every 15 days. The Government will pay per diem invoices in accordance with FAR 52.232-25; Prompt Payment, and Section G-4 of the contract. The contractor shall submit a list of crew shortages by billet with each per diem invoice, on a monthly basis. The total wage/fringe shortage values shall be reflected as a credit to the Government by a line item deduction on that invoice. Invoices for budgeted reimbursable expenses (with the exception of Port Services) shall be submitted for payment monthly using the guidance in

Attachment H. The contractor shall submit separate invoices for each port call, along with the supporting documentation in accordance with Section C-1.1.6 (Port Services).

In Section F-5(a), the Required Delivery Schedule Table has been amended as follows (new items are bold):

REQUIRED DELIVERY SCHEDULE

ITEM DESCRIPTION INITIAL DELIVERY FINAL DELIVERY

Key Billet Resumes

(shoreside and shipboard personnel)* 15 days after contract award As needed IAW Section C

Purchasing System 15 days after contract award 30 days after Government provides comments

Safety Management System (SMS)

Implementation Plan

IAW Section C

30 days after contract award 30 days after Government provides comments

Contractor Training and

Indoctrination Program

IAW Section C

60 days after contract award 30 days after Government provides comments

Information Security Management

System (ISMS) Certification

60 days after contract award

Note: The results of subsequent

ISMS audits/recertifications must be provided to the Government in a timely manner, and at least once each year of performance.

Mission-Essential Contractor

Services Plan (MECSP)

60 days after contract award

30 days after Government provides comments

Prohibited Substances Policy

IAW Section C 60 days after contract award

30 days after Government provides comments

Property Control Plan

IAW the Technical Manual 60 days after contract award

30 days after Government provides comments; semi-annually thereafter

Quality and Management

Plan IAW Section C 60 days after contract award

120 days after the start of contract performance

Sexual Harassment Policy

IAW Section C 60 days after contract award

30 days after Government provides comments

Transition Plan ROS to FOS 60 days after contract award 30 days after Government provides comments

Energy Conservation Plan 60 days after delivery of vessel

30 days after Government provides comments

SMS Documentation 90 days after delivery of vessel Submit semi-annually thereafter

Section J has been updated to note the change to Attachment H, and now reads as follows:

SECTION J

ATTACHMENTS

A Technical Manual (updated via Amendment 01)

B Department of Labor Wage Determination (added via Amendment 02)

C DD-254, Contract Security Classification Specification

D Protection & Indemnity Guidelines

E Hull Clauses

F Civilian Mariner’s Wage Rates

G Standard Form SF-LLL, “Disclosure of Lobbying Activities”

H Invoice Requirements/Report of Expenditures (updated via Amendment 03)

I Past Performance Data Sheet

J Monthly Budget Report

K Technical Experience Datasheets (added via Amendment 01)

L Government Estimate of Reimbursable Costs

FORMS

A Pricing Sheets (Contains Pricing Forms A, B, and C) (updated via Amendment 02)

B Past Performance Questionnaire

Section L-15.B.(c).A.II.(a) has been revised as follows (revision is bold):

II. Ship Maintenance and Repair Experience

(a) The offeror shall provide evidence to support that it has managed at least two dry dockings greater than $5M in final cost or greater than 30 days in final duration within the past 15 years.

(b) For the ships listed in Attachment K.1, the offeror shall complete the table provided under

Attachment K.2, identifying all ships that meet the criteria in paragraph (a) above.

Under “Management Approach,” paragraphs L-15.B.(c).B.I.(a), Organizational Charts, and L-15.B.(c).B.I. (b), Key Shore Side Personnel, references to C-3.3.2 have been replaced with C-3.3.1.

In addition, the last sentence of paragraph L-15.B.(c).B.I.(a), Organizational Charts, has been revised for clarity.

The paragraph now reads as follows (revised sentence is bold):

(a) Organizational Charts: Offeror shall provide organizational charts (using foldouts if necessary) that depicts the structure it will utilize in the management of a potential contract.

The charts shall include the overall corporation or firm, any special team, and any special subsidiary or major subcontractor. In each block, provide the position title and whether it is a key shore side position. The chart shall specifically include all Key Shore Side Personnel positions required by Section C-3.3.1 and any additional individuals proposed by the offeror as

“Key Shore Side Personnel” in the proper organizational context, clearly showing lines of communication and lines of authority within the corporate structure as a whole. The chart shall also identify positions assigned to other Government efforts in whole or in part. Each position identified on the organizational chart must include the position’s percentage of contract dedication.

Additionally, MSC has issued Questions and Answers #1 – 24, which will be released concurrently on the MSC

Procurement page, as a standalone document.